Agenda and minutes

  Councillor Townsley was elected Chair of the meeting

To identify any applications as late items of business which have been admitted to the agenda for consideration

 (the special circumstances shall be identified in the minutes)

  Although there were no formal late items, the Sub-Committee was in receipt of the following additional information which had been circulated to all parties after the agenda had been despatched:

  A clearer copy of Appendix A which was attached to the submitted report

  Further written information submitted on behalf of the premises licence holder

(minute 61 refers)

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13 -18 of the Members’ Code of Conduct.  Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19 -20 of the Members’ Code of Conduct.

  There were no declarations of disclosable pecuniary interests or other interests

To consider a report of the Head of Licensing and Registration on an application for the review of a premises licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Trading Standards Service

(report and appendices attached)

  The Sub-Committee considered an application made by West Yorkshire Trading Standards Service (WYTSS) under Section 51 of the Licensing Act 2003 for the Review of a Premises Licence in respect of Kasa, Belle Isle Road LS10

  The following were present at the meeting:

  Mr Mullins – WYTSS

  Ms Sutton – WYTSS

  Ms Staniland – WYTSS

  PC Arkle – West Yorkshire Police (WYP)

  Sgt Berriff – WYP

  PCSO McClellan – WYP

  Mr Whur – solicitor for the Premise Licence Holder

  Mr Aqueel Bashir – Licence Holder

  Mr Shakil Bashir – Designated Premises Supervisor

  Mr Adeel Bashir – the owner of the premises

  Councillor K Groves – Ward Member

  Councillor P Truswell – Ward Member

  The Licensing Officer presented the report and the Sub-Committee heard firstly from WYTSS

  Mr Mullins presented the application for the review of the premises licence and outlined the visit by WYTSS in  September 2011 following a complaint which had been received.  This visit had resulted in four samples being taken from alcohol on the premises which were then sent for analysis.  Following on from this, Mr Adeel Bashir was interviewed and was unable to meet his legal obligations in respect of traceability of products; in one case there was also mis-description of a product.  This resulted in criminal proceedings against Mr Adeel Bashir who pleaded guilty to the offences and received a fine.  Through liaison with other Responsible Authorities, WYTSS became aware of wider concerns relating to the prevention of crime and disorder through activities at the premises and therefore together with the fact that trading standards offences had been committed sought a review of the premises licence on the basis that the licensing objective of preventing crime and disorder and public safety were no longer being upheld

  Members were informed that to remedy this situation that the premises licence should be suspended for 3 months to allow systems to be put in place to prevent these matters from occurring in the future

  In response to a question from the Sub-Committee, Mr Mullins confirmed that the analysis of the four samples did not reveal any substances which were alien to the products, although in one case, the alcoholic strength of the product was not as expected

  The Sub-Committee then heard representations from West Yorkshire Police

  PC Arkle referred to local intelligence WYP had received about alcohol being sold from the premises to under 18s together with complaints about noise and disturbance around the Kasa site, with the last local intelligence being received on 2^nd August 2012.  Whilst 7 test purchases had been carried out at the premises none had been failed, despite the continued complaints about underage selling.  This had led WYP to conclude that alcohol was being sold to local under 18s rather than to strangers.  As it was felt there had to be a reason why youths congregated around the Kasa site, this tied in with underage selling of alcohol

Reference was made to the finding and seizing  ...  view the full minutes text for item 61.